Benefits for business

Through effective consultation, business owners/operators, managers and supervisors can become more aware of work health and safety hazards or issues experienced by everyone at the workplace. The benefits include:

reduction in injuries

avoidance of unnecessary expense and downtime

increased worker awareness and commitment through active involvement in how decisions are made

improved working relationships through understanding the views of others which leads to greater co-operation and trust.

A two-way process

Good consultation enables workers to respond and contribute to issues that directly affect them, and provide valuable information and insights.

It’s a two-way process where information and views are shared between PCBUs and workers. PCBUs can become more aware of hazards and issues experienced by workers, and involve them in finding solutions or addressing problems. Workers often notice issues and practices, or foresee consequences, that might otherwise be overlooked.

PCBUs must genuinely consult with workers and their representatives, including HSRs, before any changes or decisions are made that may affect their health and safety. Consultation should take place during both the initial planning and implementation phases so that everyone's experience and expertise can be taken into account.

As well as workers and HSRs, consultation should also include everyone else at the workplace who is, or is likely to be, directly affected. This includes contractors, subcontractors, labour hire workers, apprentices, work experience staff and volunteers.

To effectively consult with workers:

talk to each other about WHS matters

listen to their concerns and raise your concerns

seek and share views and information

consider what your workers say before you make decisions

advise workers of the outcome of consultation in a timely manner.

Consultation with workers must also take place when:

identifying hazards and assessing risks

deciding how to manage those risks

making decisions about the adequacy of facilities for the welfare of workers

PCBUs

For effective and genuine consultation on work health and safety to take place, PCBUs should:

be familiar with work health and safety laws

develop agreed procedures for consultation with all affected workers and their representatives, including any HSRs for the relevant workers – even if there is no agreed arrangement, PCBUs still have an obligation to consult with and involve workers and their representatives, and other PCBUs

communicate with other PCBUs to determine responsibility for work health and safety issues if their respective duty of care overlaps

plan and budget for work health and safety.

Workers

Speaking up about work health and safety issues is important, so don't be reluctant to raise safety issues you see or become aware of. Report any potential hazards or unsafe work practices to your manager, supervisor or HSR.

The law prohibits discriminatory behaviour directed at anyone who raises work health and safety issues or carries out legitimate safety-related functions or activities.

Mines and quarries

Mine operators must comply with the general consultation requirements outlined in the WHS laws. There are also specific consultation requirements in relation to developing, implementing and reviewing their Safety Management System and principal mining hazard management plans.

Workers should also be consulted on:

preparing, testing and reviewing the emergency plan for the mine

developing and implementing strategies to protect persons at the mine from any risk involving alcohol, drugs or worker fatigue

implementing the workers’ safety role.

The workers’ safety role will be to participate in risk assessments to identify any principal mining hazard and assist in selecting controls for them.

Mine operators must also consult with other duty holders who may be operating at the mines including contractors.

Activities with other duty holders

There are often situations where more than one business or undertaking operates at a workplace and where people share WHS responsibility to varying degrees (eg shopping centres, construction projects or multi-tenanted office buildings).

Where more than one person has a duty for the same WHS matter, each person retains responsibility for their duty in relation to the matter and must discharge the duty to the extent to which the person can influence and control the matter.

Each person must also consult, co-operate and co-ordinate activities with all other persons who have a WHS duty in relation to the same matter, so far as is reasonably practicable.

Our role

To help achieve improved consultation and representation, we work with HSRs, HSC members, employers and workers.